Discovering New Spheres of Antitrust Damages Quantification: The European Commission, National Courts, and Guidelines on Passing-On

By Hans-Petter H. Hanson & Johannes Holzwarth

Private enforcement of EU competition law is picking up but still a relatively new phenomenon. When developing private enforcement, the EU lawmakers could benefit from experiences in other jurisdictions, such as the United States. However, in relation to awarding damages for antitrust infringements, the European path seems quite different. Particularly since it is compensatory in nature, private enforcement of EU competition law supports the concept of passing-on of overcharges. By reference to the applicable rules and the upcoming guidelines of the European Commission, this article discusses selected issues in relation to passing-on, such the scope of the relevant presumptions and the courts’ power to estimate as well as the potential difference between legal and economic causation.

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